Clive Smaldon

Not HMRC...your husband cannot use the real time service if you are caliming tax credit for any CGT in France...he would also need to do SA

Not HMRC...previous years, youll need to amend those returns individually...you cant just put the unclaimed amount as B/fwd, those years tac calculations need to be done individually and if any unused relief is then carried forward, there may not be any...depends on any tax payable in those years, the rate bands, the property income falling liable, personal allowances used first etc etc, t here are too many variables...you need to amend the earlier years returns.

Not HMRC, you need to complete and submit SA returns for each year from departure/commencement of letting, including both property pages and residence pages, regardless of property profit/loss, otherwise HMRC can assess your worldwide income (taking in to account the Double Taxation treaty) for this period. n.b. mortgage interest is not an allowable deduction, but relief may be given as a tax credit, personal allowance also claimable, year of departure and return split year (probably). If done all that already ok. Re the CGT, net sale proceeds (after legals etc) less total costs to buy give the gain. Gain split 50/50 if joint. PPR relief amount is number of months lived in plus final 9 / total period ownership, balance charged to tax after annual exemptions. The 2 years thing is re notifying re which property PPR, nothing to do with CGT calculation...if youve made a gain it is apportioned over entire period owned, the relieved period is the period you lived in it as a fraction of the time owned...

Not HMRC. You state you are UK tax resdient. Are you also statutorily tax resident in South Africa? If you are you need to determine your treaty residence position (article 4). This is because under the DTA some sources are only taxable in one country for example, interest (article 11) whereas the DTA allows dividends (article 12) and capital gains (article 13) to be reported and taxed in both (so tax credit available in the other country). If you are statutorily tax resident in both countries you will need to complete residence pages, in which case you will need to decide under article 4 which country takes precedence for your treaty residence for sources that are not "interchangeable". If you are not tax resident in South Africa then everything would be assessable in the UK so there wouldnt be anything to put on residence pages..

Not HMRC. You both should complete SA forms to report the gain. This is a foreign disposal, and you wish to claim foreign tax credit. You should therefore calculate the gains on UK RULES (not the rules of the country of disposal). You need to convert the sales proceeds to £ on sale. You need to convert costs on purchase to £ at the date of purchase, and add in any improvement costs. You also need to claim the foreign tax credit which will either leave an amount due in the UK or the liability will be covered by it, but you cant claim the excess. Completing SA returns will ensure the correct rates of UK CGT are used as they are dependant on other income in the UK. A real time submission in this situation simply wont work.

Not HMRC...student loan is based on cumulative income, not individual jobs, so you tick yes and the balance it is showing as due will be payable, the first job has only calculated student loan on the first job, it is also due on the second (as it would be on any other source of income not taxed at source...bank interest, income from property etc).

Its the way the allowances, bands and rates are designed. PAYE/Property/Self employment etc are liable at standard rates of tax, other sources...bank int and dividends have their own rates and/or separate exempt amounts depending on amounts. Therefore, anything that isnt subject to "variations" is considered first. The calculation cant pick up the interest as first assessable source as it is subect to savings allowance in addition in some (not all) circumstances (dont get savings allowance when other income is above certain limits) and its got its own small exemption. Theoretically, yes, if PAYE or self employed income this would use personal allowance as earned income takes priority over property (investment income) and property income would be charged so tax credit due.

Not HMRC...HMRC Incorrect, all British Citizens can claim personal allowance per https://www.gov.uk/tax-uk-income-live-abroad/personal-allowance

Not HMRC...your property profit after expenses...£12k falls within personal allowance as first assessable source, therefore no tax due on this source, therefore no tax relief due on interest paid as cannot be relieved against other sources...c/fwd

Not HMRC...it is not the date of moving the money that is relevant. You will need to report the gain to HMRC under UK rules (you cannot include the reduction in France re the 20 years for UK purposes)...so its net proceeds after legals etc (converted to £ at sale), less net costs (converted to £ based on exchange rates at that time), and any improvement costs, to give the gain. If its joint then divided by 2, and two returns need to HMRC, if sole, 1 return. Rates of tax will be 18% after annual exemption up to top of basic rate band unused, then 24% above that (currently...those rates may increase substantially in October budget), then you deduct the French CGT as a tax credit and pay the difference to HMRC. If the amount due in the UK is less than in France you cant reclaim the difference (unlikely as usually more UK CGT than in France).